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Soonrity to the main fendant dischar.

issue thereon.

Damages for fut.


In an action on ond &e. defend

into court the amount due and

lands, goods and chattels, of said defendant, shall be thereupon fortbwith discharged from the said execution; which shall likewise be entered on record: but in every case the said judgment shall, notwithstanding, remain as a security to the plain

"ged, but judgtiff, his executors and administrators, for any other breaches ment shall re: which may afterwards happen of such covenant, agreements or maina

against further conditions; upon which the plaintifl, or his executors or admin-breaches, and istrators, may have a scire facias against the defendant, his scire facias may heirs, devisees, executors or administrators, assigning other breaches, to summon him or them, respectively, to show cause why execution should not be had or awarded on the said judg. Dama

modal yuys ther breaches be: ment; and thereupon, damages shall be assessed as aforesaid, ing paid, pirn and execution issue accordingly: and upon payment or satis-ceedings again faction, in manner aforesaid, of sucb future damages, costs and charges, as aforesaid, all further proccedings on the said judgment shall be stayed; and so on, as often as the same may happen: and the defendant, his body, land, goods and chattels, shall be discharged from the said execution, in manner aforesaid.

Sec. 45. That if at any time, 'pending an action on any bond, bill, note or specialty, for the payment of a sum certain, bon the defendant shall bring into court where the action shall be ant may bring pending, the principal and interest due on such bill, bond, note inte or specialty, and all such costs as have accrued in any suit or costs, and be dts: suits in law or equity, upon the said bond, the said money so charged. brought in, shall be deemed and taken to be in full payment and satisfaction of such bond; and the court shall give judgment to discharge the defendant from the same, accordingly. in

Sec. 46. That if in any other suit pending in either of the In any action, courts, the defendant shall at any time bring into court, and the

may bring into deposit with the clerk, for the use of the plaintiff, the amount court the amount that he admits to be due, together with all costs that have he admits to be then accrued, and the plaintiff shall refuse to accept the same and if plaintif in discharge of his suit, and shall not afterwards recover a do not recover

more, he shall larger sum than the sum so brought into court, exclusive of pay costs, he shall pay all costs that may accrue from and after the time such money was so brought in and deposited as aforesaid.

Sec. 47. That it shall be lawful for the plaintiff in replevin, plaintiff in te or for the defendant or tenant, in every other action, to plead plevin and de. in any court of record, with leave of such court, as many sendant in other several matters as he shall think necessary for his defence; but plead several is, on demurrer, any such matter be adjudged insufficient, matters. costs shall thereupon be awarded by the court.

Sec. 48. That it shall be lawful for the defendant in any special, action, to plead the general issue, and give any special matter may be given in in evidence, wbich, if pleaded, would be a bar to such ac

general issue, tion; giving notice with the same plea, of the matter or mat- with notice. lers, so intended to be given in evidence.

Sec. 49. Tht no plea in abatement, other that a plea to plea in abatethe jurisdiction of the court, or when the truth of such plea ap- meaç not admit.

10 defendant

due, with costs,

pay coste.

actions, may

evidence under for the

nal writ; and if

are defendante in.

pears of record, sball be admitted or received, unless the party ted without affidavit of its truth, offering the same file an affidavit of the truth thereof; and where

a plea in abatement shall be judged insufficient, the plaintiff shall recover full costs to the time of over-ruling such plea...

Sec. 50. That when any one or more of the partners of a Suit not to abate

ile company or association of individuals shall be sued, and the der of partners, person or persons so sued, shall plead in abatement that all the but summons

partners are not joined in the writ, such suit, for that cause, may issue for the partners not shall not abate; but the plaintiff or plaintiffs may forthwith sue

"orist out a summons against the other partners named in the plea, some cannot be and proceed in all respects thereafter, as though such other found, others partners had been included in the original suit: and if such partmay be proceed. ed against,

ners named in said plea, cannot be found, the plaintiff or plaintiffs, upon the return of said summons, may suggest in his declaration the names of those not found, and proceed as in other cases where service is only made on part of the defendants; and no other plea, in abatement for non-joinder of parties, shall be

allowed in the cause. When ypecial de. Sec. 51. That in all cases where a special demurrer shall inurrer overra. be over-ruled, costs may be taxed and allowed the opposite ted, costs taxed.

"party, to the time of over-ruling said demurrer. p i vo

Sec. 52. That where several persons shall be pamed deWhen several fendants in actions of trespass, for an assault and battery, false trespass, fc. and imprisonment, or in ejectment, and, upon the trial thereof any one be acquitted, one or more of them shall be acquitted by verdict; every dene shall recover

fendant so acquitted, shall have and recover his costs of suit, in like manner as if verdict had been given against the plaintiff generally: and in all cases where judgment shall be given for the desendant, he shall recover his costs against the plaintiff, and have execution for the same.

Sec. 53. That in all actions of trespass quare clausum fregit, Tv actions quare hereafter to be brought, wherein the defendant shall disclaim, defendant may

in his plea, to make any title or claim to the land in which the disclaim, and trespass is supposed to be done by the declaration, and the

the trespass be by negligence, or involuntary; the defendant shall voluntary, and be admitted to plead a disclaimer, and that the trespass was tender of amends by negligence, or involuntary, and a tender or offer, of sufficient brought, and amends, for such trespass, before the action brought: whereplaintiff shall upon the plaintiff shall join issue; and if such issue be found join issue.

for the defendant, judgment shall be rendered against the plaintiff for costs, and he shall be forever barred from all other suits concerning the same trespass.

Sec. 54. That no plaintiff shall proceed, in ejectment, to In ejectment ten

be recover any lands or tenements against a casual ejector, withgiven tenant. out ten days' previous notice being given to the tenant in pos

session, (if any there be); and it shall be lawful for the court, Any person, on application for that purpose, to make the tenant or landlord, unay be made de. or both, or any other person claiming title to the premises, de

fendant, in the place of the casual ejector: and in all actions of om joint, is ejectment, the plaintiff shall have the same benefit and advan.


trespass was in

before suit

days notice to be

claiming title

fendant. Same benefit

Judgment a


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be an infant, or

for mesne profits

tage from a joint demise, that he could' from several demi- from several director
ses; and separate demises shall only be laid in the names of miser.
tenants in common.

Sec. 55. That the plaintiff, on affidavit of the delivery of the jo declaration in ejectment, shall have judgment against the ca- gainst casual sual ejector, unless the tenant in possession, or landlord, or if

term, if no one other proper person, shall apply to be made defendant, and be made defen enter into the common consent rule, within the term, to which dant. the said tenant had notice to appear.

Sec. 56. That in ejectment, where the lessor of the plaintiff if lessor of plain. is unknown to the defendant, the latter may call for an account tiff be unknown

to defendant, or of his residence or place of abode, from the opposite attorney; non-resident, se. and if he refuse to give it, or gives a fictitious account of a curity for costs person who cannot be found; or if the lessor of the plaintiffsha shall not reside, or is not a freeholder, within the county where such suit is brought, the court, on motion before issue joined, shall order security for costs to be given.

Sec. 57. That in ejectment, when the lessor of the plaintiff so if lessee reside resides out of the State, or is an infant or dead, the court, on out of the State, motion before issue joined, may stay proceedings, until a real dead. and substantial person, resident of the county, be named, or security be given for the payment of costs.

Sec. 58. That if any action for mesne profits shall be brought So when action in the name of the nominal plaintiff in ejectment, the court, on is in name of nomotion before issue joined, may'stay proceedings until security minal plaintiff. be given for the payment of costs.

Sec. 59. That if an infant be entitled to any action, his Infants may sue guardian or next friend, shall be admitted to prosecute for him; and defend by

guardian, &c. and if he be sued, a guardian shall be appointed to defend the suit for him: hut in no case shall the parole demur, or the pro- But parole shall ceedings be deferred or stayed, till the infant arrives at full age, not neither at common law norin chancery.

Sec. 60. That every attorney who shall confess judgment in Attorney any case, shall, at the time of making such confession, produce sing judgment, his warrant for making the same to the court before whom he wa makes the confession, if required so to do; and a copy of the Copy of warrant said warrant shall then be filed with the clerk of the court in to be filed. which the judgment shall be entered: and no warrant of attorney for confessing a judgment, executed by any person in me

ney by one in custody upon mesne process in a civil action, to the plaintiff at custody not whose suit he is in custody, shall be of any force, unless some good, unless, de.. attorney, on behalf of such person in custody, and expressly damed by him, be present and sign the said warrant of attorney as a witness.

Sec. 61. That if any informer on a penal statute, to whom Informer discon the penalty, or any part thereof, if recovered, is directed to tinuing suit, or accrue, shall discontinue his suit or prosecution, or shall be non-suited in the same, or, if upon trial, judgment shall be ren- his duty to sue. dered in favor of the defendant, such informer shall pay all costs accruing on such suit or prosecution, unless such informer

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non-suited, shall pay costs, unless




fact on the mi

supreme court

be an officer whose duty it is to commence such suit or prosecution.

Sec. 62. That in all actions for libel, slander, malicious proIn certain ac. secution, assault, or assault and battery, action on the case for tions, plaintiff a nuisance, or against justices of the peace for misconduct in than five dollars, office; is the jury, on the trial of the issue, or on inquiry of da. shall not recover mages, shall find or assess the damages under five dollars, the

plaintiff shall not recover any costs.

Sec. 63. That if, in any suit or action in the court of comWhen judges of mon pleas, it shall so happen that there is not a sufficient common pleas interested, they number of disinterested judges of such court, to sit on the trial shall enter the of any particular cause then and there pending, it shall be the nutes, and cer. duty of such court, on the application of either party, to cause tify the cause to the fact to be entered on the minutes of the court, and also to

order an authenticated copy thereof, with all the proceedings in such suit or action, to be forthwith certified to the next supreme court of the county; which supreme court sball there upon take cognizance thereof, in like manner as if it had been originally commenced in that court, and shall proceed to hear and determine the same accordingly.

Sec. 64. That no suit or action pending in any court, except Certain suits not to abate by the those mentioned in the sixty-second section of this act, shall abate death of parties. by the death of either or both of the parties thereto; but the

cause of action shall survive, and the executor or administrator of such deceased party, whether plaintiff or defendant, shall have a right to prosecute or defend any such suit or action,

unto final judgment and execution: and every executor or ad

ita ministrator of any such deceased defendant, is hereby required and defend. and obliged to become a party to said suit or action, and to

defend the same accordingly,

Sec. 65. That the court before whom such suit or action Such suits to be may be pending and undetermined, is hereby authorized and Justice may re. required to hear, try and determine the same, and to render quire.

judgment for, or against the executor or administrator of any such deceased party, according to the justice of the case.

Sec. 66. That if the executor or administrator of the deExecutor, fi. ceased plaintiff or defendant, shall neglect or refuse to apply to come a party to the court, when such suit or action may be pending, at or during

may the session thereof, next succeeding the death of such party, the

court shall, at the same term, order the death of such party to be suggested on the record, and a citation to issue, returnable to the next term thereafter; whereby the said executor or administrator of such deceased party, shall be cited to appear at the return term of the said citation, and cause himself to be made a party to said şuit or action, instead of his testator or intestate.

Sec. 67. That if the executor or administrator of such deplaintiff, ete. c. ceased plaintiff, shall neglect or refuse, after having been duly ted, and regtect- served with such citation, to become a party to the said action. ing to become served with such citation, to become a party to u

Executors ete. may prosecute

determined as

fuit,citation in tesue.

Executor of


The court shall thereupon render judgment of non-suit against party, shall be the said executor or administrator as such, for costs of suit.

Sec. 68. That if the executor or administrator of such de- Executor, etc. of ceased defendant, shall, after having been duly served with defendant, cited

and neglecting to such citation, neglect or refuse to appear and become a party become party, to the suit or action, the court shall cause the appearance of how court shall such executor or administrator to be entered; and the cause shall thereafter be proceeded in, and tried in the same manner, and sucb judgment be rendered therein, as if such suit or action had been originally brought against such executor or administrator. Sec. 69. That if in any such suit or action, there be two or When two or

* more plaintiffs more plaintiffs or defendants, and one or more of such plain- or defendants, tiffs or defendants shall die before final judgment, such suit or and one dies, sur

u vivor may progeaction shall not thereby abate, but the cause of action shall cate survive to the surviving plaintiff or plaintiffs, and against the surviving defendant or defendants; and such death being sug. gested on the record, the suit or action shall proceed in the same manner, as if such death had not happened.

Sec. 70. That after final judgment, the surviving plaintiff Execators etc. of or plaintiffs, may, by writ or writs of scire facias, cause the ex- deceased defen

dant may be ecutor or administrator of any such deceased defendant or de nade party to fendants, to be made parties to said judgment; which scire fa- judgment by cias shall be served and returned in the same manner that a®

schte facias. summons is, or may be, required to be served and returned by

ate or defend:

von a

dministration against an exe

ther liquidated demands.

Action of

Sec. 71. That any judgment obtained or rendered under Such judgment the preceding sections, against the executor or administratora

ustrator cutor, etc. on a of any such deceased party, shall be considered as standing in footing with the same situation as any other allowed or liquidated demand; and shall be paid by such executor or adininistrator at such times, and in such proportion, as other just demands against the estate of such testator or intestate.

Sec. 72. That no action of ejectment, or for waste, pending Action in the court of coinmon pleas, or supreme court, shail abate by ment or wasto the death of the defendant before final judgment; but the cause not to abate by

death of defen of action shall survive against the heir or devisee of any such dant, but heirs deceased defendant: and such heir or devisee, may be made a or devisees may party defendant to any such action, in the same manner that" an executor or administrator may be made a party to any personal action, according to the foregoing sections of this act.

Sec. 73. That if the heir or devisee of any such deceased The heir or devi. defendant, shall, after having been cited in the manner afore-se

see cited, and

neglecting to be. said, neglect or refuse to appear and become a party to such come party, how action, the court shall cause the appearance of such beir or

ceed. devisee to be entered; and the cause shall thereafter be proceeded in and tried, and the same judgment shall be rendered therein, as if such action had been originally brought against guch heir or devisee.

Sec. 74. That if any person having a right to commence and

be made parties:

court shall pro

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